The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3640
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the administrative code of the city of New York and  the
   general municipal law, in relation to requiring restaurants that offer
   online delivery services to post their most recent sanitary inspection
   letter grade on their website

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 17-195.1 to read as follows:
   §  17-195.1  POSTING  OF  SANITARY  INSPECTION  GRADE.  A. DEFINITION.
 "INTERNET-BASED FOOD DELIVERY SERVICE  PROVIDER"  SHALL  MEAN  ANY  FOOD
 SERVICE  ESTABLISHMENT AS DEFINED IN SECTION 81.03 OF THE HEALTH CODE OF
 THE CITY OF NEW YORK THAT ACCEPTS FOOD ORDERS FOR DELIVERY FROM  CUSTOM-
 ERS  VIA  THE  INTERNET,  OR  ANY  THIRD-PARTY WEBSITE THAT ACCEPTS FOOD
 ORDERS FOR DELIVERY FROM CUSTOMERS VIA THE INTERNET.
   B. EVERY INTERNET-BASED FOOD DELIVERY SERVICE PROVIDER SHALL CONSPICU-
 OUSLY POST ON THEIR WEBSITE THE MOST CURRENT SANITARY INSPECTION  LETTER
 GRADE  OF  ANY  FOOD SERVICE ESTABLISHMENT, PURSUANT TO SECTION 81.51 OF
 THE HEALTH CODE OF THE  CITY  OF  NEW  YORK,  FOR  WHICH  FOOD  DELIVERY
 SERVICES  ARE  PROVIDED TO CUSTOMERS.  FOOD SERVICE ESTABLISHMENTS SHALL
 BE  RESPONSIBLE  FOR  PROVIDING  INTERNET-BASED  FOOD  DELIVERY  SERVICE
 PROVIDERS  WITH  THE  MOST CURRENT SANITARY INSPECTION LETTER GRADE UPON
 RECEIPT OF SUCH LETTER GRADE FOLLOWING SANITARY INSPECTION.
   C. ANY INTERNET-BASED FOOD DELIVERY  SERVICE  PROVIDER  THAT  VIOLATES
 SUBDIVISION B OF THIS SECTION OR ANY OF THE RULES PROMULGATED THEREUNDER
 SHALL  BE  LIABLE  FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS
 FOR EACH VIOLATION.
   § 2. The general municipal law is amended  by  adding  a  new  section
 139-e to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00690-02-1

 A. 3640                             2
 
   §  139-E.  POSTING  OF  SANITARY  INSPECTION GRADE. 1. AS USED IN THIS
 SECTION "INTERNET-BASED FOOD DELIVERY SERVICE PROVIDER" SHALL  MEAN  ANY
 FOOD  SERVICE  ESTABLISHMENT  THAT ACCEPTS FOOD ORDERS FOR DELIVERY FROM
 CUSTOMERS VIA THE INTERNET, OR ANY THIRD PARTY WEBSITE THAT ACCEPTS FOOD
 ORDERS FOR DELIVERY FROM CUSTOMERS VIA THE INTERNET.
   2.  IN  ANY MUNICIPAL CORPORATION THAT HAS ADOPTED A LOCAL LAW OR RULE
 REQUIRING THE POSTING OF SANITARY INSPECTION  RESULTS,  EVERY  INTERNET-
 BASED  FOOD  DELIVERY SERVICE PROVIDER SHALL CONSPICUOUSLY POST ON THEIR
 WEBSITE THE MOST CURRENT SANITARY INSPECTION RESULTS OF ANY FOOD SERVICE
 ESTABLISHMENT LOCATED IN  SUCH  MUNICIPAL  CORPORATION  FOR  WHICH  FOOD
 DELIVERY  SERVICES  ARE  PROVIDED TO CUSTOMERS.  FOOD SERVICE ESTABLISH-
 MENTS SHALL BE RESPONSIBLE FOR PROVIDING  INTERNET-BASED  FOOD  DELIVERY
 SERVICE PROVIDERS WITH THE MOST CURRENT SANITARY INSPECTION LETTER GRADE
 UPON RECEIPT OF SUCH LETTER GRADE FOLLOWING SANITARY INSPECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.